National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (Miscellaneous Provisions) Transitional Rules 2024

National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (Miscellaneous Provisions) Transitional Rules 2024

made under item 138 of Schedule 1 of the

National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024

Compilation No. 1

Compilation date: 3 October 2025

Includes amendments: F2025L01223

About this compilation

This compilation

This is a compilation of the National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (Miscellaneous Provisions) Transitional Rules 2024 that shows the text of the law as amended and in force on 3 October 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

Part 2—Transitional provisions

5 Debts due to the Agency—complying with requirement to spend NDIS amounts only on NDIS supports

6 Claims not required for certain supports

7 Requirement for supports to be most appropriately funded or provided through the National Disability Insurance Scheme

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (Miscellaneous Provisions) Transitional Rules 2024.

3  Authority

  This instrument is made under item 138 of Schedule 1 to the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024.

4  Definitions

 (1) In this instrument:

amending Act means the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024.

NDIS Act means the National Disability Insurance Scheme Act 2013.

 (2) An expression that is defined for the purposes of the NDIS Act has the same meaning when used in this instrument as it has in that Act.

Part 2—Transitional provisions

5  Debts due to the Agency—complying with requirement to spend NDIS amounts only on NDIS supports

 (1) This section applies in relation to a person’s failure to comply with paragraph 46(1)(a) of the NDIS Act, as in force on and after the commencement of Schedule 1 to the amending Act, in relation to an NDIS amount where the failure occurs during the following period:

 (a) if the person is an NDIS provider and the person received the amount on behalf of a participant—the period of 30 days starting on that commencement;

 (b) in any other case—the period of 12 months starting on that commencement.

 (2) Subsection 182(3) of the NDIS Act does not apply in relation to the failure unless:

 (a) the NDIS amount is $1,500 or more; or

 (b) before the failure occurred, the Agency had notified the person about at least 2 previous failures by the person to comply with paragraph 46(1)(a) of the NDIS Act.

6  Claims not required for certain supports

 (1) Section 45A of the NDIS Act, as in force on and after the commencement of Schedule 1 to the amending Act, does not apply in relation to a payment in respect of the acquisition or provision of a recurring transport support under an old framework plan.

 (1A) Section 45A of the NDIS Act, as in force on and after the commencement of this subsection, does not apply in relation to a payment:

(a) to:

(i) a participant who self‑manages the funding for supports under their plan

(ii) a plan nominee of a participant who manages funding for supports under that participant’s plan, or

(iii) a person mentioned in s 74(1) of the NDIS Act who manages funding for supports under a plan for a participant who is a child

(b) which is made in respect of the acquisition of a private vehicle transport support under a new framework plan, and

(c) to the extent the payment is equal to or less than $132.58 in respect of each fortnightly period.

 (2) Subitem 132A(1) of Schedule 1 to the amending Act has effect as if the words “and subsection 6(1) and subsection 6(1A) of the National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (Miscellaneous Provisions) Transitional Rules 2024” were added at the end of that subitem.

Note: See subitem 138(2) of Schedule 1 to the amending Act for the power to modify the effect of provisions of that Schedule.

7  Requirement for supports to be most appropriately funded or provided through the National Disability Insurance Scheme

 (1) This section applies in relation to a statement of participant supports included in an old framework plan for a participant if the statement is approved or varied during the period:

 (a) starting on the commencement of Schedule 1 to the amending Act; and

 (b) ending immediately before the commencement of the first National Disability Insurance Scheme rules made for the purposes of paragraph 35(4)(d) of the NDIS Act (as added by Schedule 1 to the amending Act).

 (2) For the purpose of specifying in the statement the general supports that will be provided, and the reasonable and necessary supports that will be funded, the CEO must be satisfied of the matter mentioned in subsection (3) in relation to the funding or provision of each such support, in addition to the matters of which the CEO must be satisfied as mentioned in subsection 34(1) of the NDIS Act, as in force on and after the commencement of Schedule 1 to the amending Act.

 (3) The matter of which the CEO must be satisfied is that the support is most appropriately funded or provided through the National Disability Insurance Scheme, and is not more appropriately funded or provided through other general systems of service delivery or support services offered by a person, agency or body, or systems of service delivery or support services offered:

 (a) as part of a universal service obligation; or

 (b) in accordance with reasonable adjustments required under a law dealing with discrimination on the basis of disability.

 (4) In deciding whether or not he or she is satisfied of the matter mentioned in subsection (3), the CEO must apply any methods or criteria, and have regard to any matters, that:

 (a) were prescribed for the purposes of subsection 34(2) of the NDIS Act by National Disability Insurance Scheme rules in force immediately before the commencement of Schedule 1 to the amending Act; and

 (b) related to the matter mentioned in paragraph 34(1)(f) of the NDIS Act, as in force immediately before that commencement.

 (5) This section applies as mentioned in subsection (1):

 (a) whether the participant becomes a participant; and

 (b) in the case of a variation—whether the plan comes into effect;

before, on or after the commencement of Schedule 1 to the amending Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history